(1) Requirement To meet the requirements of an agency for an energy consuming product in a product category covered by the Energy Star program or the for designated products, the head of the agency shall, except as provided in paragraph (2), procure—

(A) an ENERGY STAR product; or

(B) a FEMP-designated product.

(2) Exceptions The head of an agency is not required to procure an ENERGY STAR product or FEMP-designated product under paragraph (1) if the head of the agency finds in writing that—

(A) an ENERGY STAR product or FEMP-designated product is not cost-effective over the life of the product taking energy cost savings into account; or

(B) no ENERGY STAR product or FEMP-designated product is reasonably available that meets the functional requirements of the agency.

(3) Procurement planning The head of an agency shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP-designated products.

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